The Social Security (Transitional Payments) Regulations (Northern Ireland) 2009

Transitional payment

2.—(1) This regulation applies where, in accordance with regulation 22A(4) of, and paragraph 2ZA of Schedule 7 to, the Claims and Payments Regulations(1) (bereavement benefits and time of payment), the Department changes the manner in which a benefit mentioned in paragraph (2) is paid from weekly payments in advance to weekly payments in arrears.

(2) The benefits are income support, widowed mother’s allowance, widowed parent’s allowance and widow’s pension.

(3) Where this regulation applies, a person shall be entitled to a transitional payment determined in accordance with paragraph (4).

(4) The amount of the transitional payment shall be equivalent to the gross amount of benefit payable in respect of the last period of 7 days for which benefit was payable in advance.

(5) In paragraph (4) “the gross amount” means the amount of weekly benefit payable to a person before any deductions have been made—

(a) under regulation 34ZA, 34ZB or 34A of the Claims and Payments Regulations(2) (deductions from benefit and payment to third parties); or

(b) in respect of overpayment recovery or recovery of social fund loans under section 69, 72 or 74 of the Social Security Administration (Northern Ireland) Act 1992(3) (overpayments, income support and other payments and recovery of social fund awards).

(1)

Regulation 22A and paragraph 2ZA of Schedule 7 are inserted by regulation 2(4) and (7)(b) of S.R 2009 No. 107

(2)

Regulation 34ZA was inserted by regulation 2 of S.R. 1992 No. 271 and amended by regulation 12(1) of S.R. 2003 No. 191, regulation 34ZB was inserted by regulation 12(2) of S.R. 2003 No. 191 and regulation 34A was inserted by regulation 2(2) of S.R. 1988 No. 67 and amended by regulation 7(b) of S.R. 1988 No. 141, regulation 3(7) of S.R. 1988 No. 369, regulation 3 of S.R. 1992 No. 271, regulation 2(2) of S.R. 2001 No. 22 and regulation 2(9) of S.R. 2002 No. 297

(3)

Section 69 was amended by Article 33(1) of, and paragraph 31 of Schedule 2 and Schedule 3 to, the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), section 2 of the Social Security (Overpayments) Act 1996 (c. 51), paragraph 62 of Schedule 6 to the Social Security (Northern Ireland) Order 1998, paragraph 8 of Schedule 4 and Schedule 6 to the Tax Credits Act 2002, paragraph 10 of Schedule 2 to the State Pension Credit Act ((Northern Ireland) 2002 (c. 14 (N.I.)), paragraph 110 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), section 41 of, and paragraph 4(6) of Schedule 3 and Schedule 8 to, the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and section 135(4) of the Health and Social Care Act 2008 (c. 14), section 72 was amended by paragraph 33 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995, paragraph 11 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 8 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and regulation 2 of S.R. 2008 No. 413 and section 74 was amended by paragraph 186 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), Article 33(2) of, and paragraph 34 of Schedule 2 to, the Jobseekers (Northern Ireland) Order 1995 and paragraph 113 of Schedule 24 to the Civil Partnership Act 2004